A recent decision handed down by the Court of Appeal (RK v BCC and Ors) has clarified whether, and if so, in which circumstances, a care placement under section 20 of the Children Act 1989 will breach a child's right to liberty in article 5 of the European Convention on Human Rights (ECHR), and therefore be considered unlawful.
Facts of the RK case
The child in the case, RK, was accommodated in a care home under s.20 of the Children Act 1989, by virtue of an agreement with her parents and the local authority. Section 20 requires a local authority to provide accommodation to any child in need within their area who requires it. Before the case was brought, RK was moved to a new care placement. Though RK could not communicate verbally, her behaviour, including refusing to eat, indicated that she was not in a suitable placement.
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